Willamette Law Online

(13 summaries)

Emily Oliver

9th Circuit Court of Appeals

TitleExcerptFilling Date
La Quinta Worldwide v. Q.R.T.M.Trademarks: With regard to trademark infringement, consumer confusion must be analyzed by weighing eight factors in order to determine the likelihood of confusion; and, before a permanent injunction may be granted, the court must take into account all relevant facts, balancing each party’s interests.(08-06-2014)
Compton v. Countrywide Financial Corp.Civil Law: In determining whether to dismiss an unfair and deceptive trade practice claim a district court need only address whether the complaint adequately alleged that the lender used unfair or deceptive acts in its relationship with the borrower, not whether the lender breached a duty of ordinary care.(08-04-2014)
United States v. SzaboCriminal Law: When a non-public forum implements restrictions on speech or conduct they do not necessarily violate the First or Fifth Amendments so long as the regulations administered are reasonable for the purpose of the forum and they are viewpoint neutral.(07-28-2014)
E.M. v. Pajaro Valley USD Disability Law: A school district is given deference to determine whether a child may be classified as a "child with a disability" because of the ambiguous intent of Congress in 20 U.S.C. § 1401(3)(A)(i); and, the agency's interpretation will take effect unless it is inconsistent or plainly erroneous to the regulation. (07-15-2014)
The Arc of California v. DouglasCivil Law: While a home- and community-based services waiver may serve as a bypass to the Medicaid Act, when there is irreparable harm as a result of the waiver, it may be enough to warrant a preliminary injunction. (06-30-2014)
United States v. RodriguezCriminal Law: Medical negligence can only be asserted as an affirmative defense in a murder trial in the event that the superseding act was extraordinary and unforeseeable, therefore breaking the logical chain of proximate cause, absolving the defendant(s) from murder.(06-19-2014)
Sinibaldi v. Redbox Corporations: When a zip code, in connection with a self-serve kiosk, is asked of a customer the information does not violate the California’s Song-Beverly Credit Card Act of 1971 because it falls under an exemption in Cal. Civ. Code § 1747.08(c)(1) where a “card is being used as a deposit to secure payment in the event of default, loss, damage, or other similar occurrence.”(06-06-2014)
FTC v. BurnLounge, Inc.Corporations: A multi-level marketing business can be classified as a pyramid scheme when it satisfies the two-prong Webster v. Omnitron International, Inc. test, by making people buy the rights to sell that business’ product and providing cash incentives for recruiting new participants to purchase the right to sell that product.(06-02-2014)
Pyramid Tech. v. Hartford Cas. Ins. Co.Evidence: Expert testimony that meets the standards of the Federal Rules of Evidence is admissible in court for a trier of fact to determine its correctness so long as a court deems the opinions to be based on sound methodology and relevant principles within the expertise of the aficionado. (05-19-2014)
United States v. PrestonCriminal Law: Police officers using coercive measures against a person who is mentally handicapped in order to determine if a crime has been committed violates constitutional rights because that confession is involuntary, thereby making the confession inadmissible.(05-12-2014)
Brown v. Oregon Dept. of Corr.Constitutional Law: An inmate’s claim for monetary damages due to a violation of their procedural due process rights under the Fourteenth Amendment will not prevail where state officials,reasonably performing within their official capacities, do not deprive an inmate of a constitutional right if the right was clearly established at the time of the alleged violation. (04-29-2014)
United States v. TaylorCriminal Law: Willfully withholding materially false information to persuade or otherwise attempt to persuade a judge may permit a judge to add an obstruction of justice enhancement to a defendant’s pending case under the U.S. Sentencing Guidelines Manual § 3C1.1.(04-18-2014)
Eldee-K Rental Properties v. DIRECTVProperty Law: The local action doctrine applies to “actions to recover or determine rights or interests in real property, actions to remedy injuries to real property, and actions to foreclose on liens and mortgages on real property.” As a result, other actions not falling into those categories are transitory.(04-09-2014)